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Recent Blog Posts
Uncovering Financial Lies During Divorce in Illinois
A divorce is a stressful process, and it is even more difficult if one spouse is hiding assets or lying about their finances. Divorcing spouses are required to provide an accurate account of their income and assets during a divorce. This information is used to determine child support, divide property and debts, and more. However, some spouses lie about money or hide assets during divorce.
It can be difficult to tell whether your spouse is being truthful during the divorce process, but there are a few signs that could indicate financial dishonesty. Knowing these signs can help you protect your rights and make sure you get the outcome you deserve.
Missing Documents or Bank Statements
If you have begun proceedings for a divorce in Illinois, it is important to keep an eye out for any missing documents or bank statements. If documents go missing or if your spouse stops providing you with financial information, this could be a sign that they are trying to hide something from you. Check with tax records and financial institutions to make sure all documents are accounted for.
5 Tips for Your High-Conflict Divorce
The term "high-conflict divorce" may seem redundant. Afterall, every divorce involves conflict. However, some divorce cases are much more acrimonious than others. When divorcing spouses are unable to move past their anger, frustration and hurt feelings, the divorce process can become a bitter battle. If you are involved in a continuous separation or divorce, you know this firsthand. Here are some tips that may help you navigate a high-conflict divorce and ensure that your rights are protected.
Navigating a Contentious Divorce and Protecting Your Rights
There is no way to completely avoid the stress that comes with a high-conflict divorce. However, there are ways you can manage the conflict and pursue a favorable divorce outcome - even in the midst of extreme dissent.
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Hire the Right Attorney - When you are facing a contentious or difficult divorce, having an experienced lawyer who understands the law and knows how to navigate through the court system is crucial. Make sure you choose an attorney who is familiar with the common strategies used in high-conflict cases and will aggressively represent your interests.
What Does Equitable Distribution Actually Mean?
When a spouse starts exploring the possibility of divorce, he or she is often met with confusing legal jargon and complex divorce laws. It can be hard to interpret dense legal information in preparation for a divorce. One issue that causes an especially high degree of confusion is property division. Divorcing spouses are often unsure of what is theirs and what is their spouse’s property. They are unsure of what they will keep after the split and worry about what they will be forced to give up during the divorce. This blog will provide a general outline of equitable division in an Illinois divorce.
Who Owns What?
Non-marital property is property that belongs to one of the spouses while marital property is jointly owned by both spouses. Property that a spouse purchases or otherwise acquires before getting married is non-marital property. Money and property that a spouse acquires during the marriage is marital property.
Parental Alienation: When Parents Sabotage the Parent-Child Relationship
Sharing a child with an ex can be exceptionally complicated. Parents who used to be married or in a romantic relationship together often have unresolved feelings of resentment toward each other. Some parents can put these feelings to the side for the sake of their co-parenting relationship. Others cannot.
Parental alienation occurs when a parent deliberately damages the child’s relationship with their other parent. It can be extremely harmful to both the child and the parent. Parental alienation can also influence child custody decisions.
What Does Parental Alienation Look Like?
Parents’ main priority should be caring for their children. Unfortunately, some parents are more focused on getting revenge against the other parent than doing what is best for the child. Parental alienation looks different from case to case, but it usually involves psychological manipulation aimed at disintegrating the parent-child relationship. A parent may try to convince a child that the other parent is evil or that the other parent does not care about him or her. If the child mentions something positive about the other parent, the parent quickly dismisses it or even punishes the child for having positive feelings toward the other parent.
When is DNA Testing Used to Establish Paternity in Illinois?
Paternity or parentage is the legal relationship of a father to his child. Establishing paternity is important because it establishes the rights and duties of both the mother and father to their child. Fathers cannot petition the court for parenting time or parental responsibilities until paternity is established. Similarly, mothers cannot ask the court for a child support order until paternity is established.
In Illinois, there are several ways that paternity can be established, including a voluntary acknowledgment of paternity, court order, or administrative order. In some cases, DNA testing is needed to confirm paternity.
Genetic Paternity Testing
DNA testing is often used when parties cannot agree on the identity of the child's father or when the father has denied paternity. In Illinois, a court action can be filed to establish paternity, and DNA testing is one way that a judge may require to determine parentage. A sample of the alleged father's DNA is collected as well as a sample from the child.
Marital And Non-Marital Property In An Illinois Divorce
For many couples, dividing assets during divorce is the most complicated and conflict-filled aspect of the divorce process. This is especially true in Illinois, where the division of assets is governed by a mix of common law and statutory rules. If you are planning to divorce, you may have questions like, "Who keeps the house?" or "What happens to our bank accounts?" You may also have questions about complex assets like investments and retirement accounts or liabilities like student loan debt and credit card debt. This blog will cover some of the fundamental aspects of property division in Illinois divorce cases and what you can do if you need help classifying and dividing property during your divorce.
What is Mine and What is Ours?
Under Illinois law, almost all of the assets purchased or otherwise acquired by either spouse during the marriage are considered marital assets. Marital assets include any income earned by either spouse during the marriage as well as any assets that were acquired with that income. Examples of marital assets include houses, cars, furniture, cash, jewelry, collectibles, cryptocurrency, and anything else acquired during the marriage.
Does a Parent Have to Pay Child Support If They Are Unemployed?
Massive layoffs at companies like Twitter and Meta have been making headlines across the country recently. Being laid off from your job can cause a lot of stress and uncertainty, especially if you have children. Simultaneously, in what has been called "The Great Resignation," people are leaving jobs at an unusually high rate. If you or your child's other parent is unemployed, you may wonder how this will influence your child support order. The answer to this question depends on several different factors.
Child Support Calculations in Illinois
In Illinois, child support payments are determined through a calculation process called the Income Shares method. The two parents' net incomes are added together and then this combined income is used to determine the total amount of financial support the child or children will require. This support obligation is divided between the parents based on their percentage of the combined income. For example, a parent whose income accounts for 30 percent of the combined income would be responsible for paying for 30 percent of the support obligation. The parent with the majority of the parenting time provides his or her share of support by providing for the child's needs. The other parent, the "obligor," provides his or her share through child support payments.
How Does Spousal Support Work in Illinois?
Getting divorced can represent a major financial burden. In some cases, spousal support, also known as alimony or spousal maintenance, can help provide some much-needed financial relief during the transition period after a divorce. In Illinois, courts will determine whether either party is eligible to receive spousal support based on several factors such as the length of the marriage and each spouse’s financial resources. The spouses may also be able to negotiate an agreement about the amount of support a spouse receives.
Who Can Get Alimony in Illinois?
Alimony, which is called spousal maintenance in Illinois law, can be a great source of financial support and peace of mind when a couple separates. It can also be a substantial expense for the spouse paying maintenance.
Some divorcing couples agree on the amount of support the lesser-earning spouse receives. For example, a couple may agree that the higher-earning spouse pays the lower-earning spouse $1,000 a month for the first 12 months after the divorce. If the spouses cannot reach an agreement, it is up to the court to decide whether maintenance will be awarded.
How are Child Custody Disagreements Resolved in Will County?
The two main components of child custody in Illinois are "parental responsibilities" and "parenting time." Parental responsibilities involve the big decisions in a child's life, such as education, religion, and medical care. Parenting time is simply the time each parent spends with the child. Parents can either share these responsibilities and parenting time, or one parent can have sole responsibility for the child. If parents cannot agree on parental responsibilities and parenting time, the court will make a judgment based on what is in the child's best interests.
Factors Considered by Illinois Courts in Determining Child Custody
The Illinois Marriage and Dissolution of Marriage Act lists several factors that courts must consider when making a child custody determination. These include:
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The desires of the child's parents regarding custody and parenting time
Financial Dishonesty and Your Illinois Divorce Settlement
Marriage is about much more than money. However, when a marriage ends, financial matters are often a chief concern. If you are getting divorced, you may have questions and concerns about how marital property, such as bank accounts, real estate, and household items will be divided between you and your spouse. The situation becomes even more complicated if you or your spouse own complex assets like investments, retirement accounts, royalties, deferred compensation, businesses, or professional practices.
Divorcing spouses are expected to freely provide financial documents and truthfully disclose their income, assets, and debts. Unfortunately, some spouses lie about financial matters in the hopes of securing a better divorce settlement. If you suspect that your spouse is hiding assets, underreporting income, or lying about financial issues, it is important to act quickly. Your divorce settlement should be predicated on the truth, not your spouse’s version of the truth.
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